People v. Wilson CA4/3

FACTS

As the underlying facts are not in dispute and not relevant to the issues on appeal, we provide only a brief overview. In October 2011 the police searched defendant’s home pursuant to a search warrant. Defendant was present at the time. In defendant’s bedroom the police found a

2 usable amount of heroin in a dresser that also contained defendant’s mail. Near defendant’s bed, the police found a purse with defendant’s wallet and identification. In the purse, were several prescription receipts in defendant’s name for oxycodone and alprazolam, $237 in cash, and several empty prescription bottles in her name. They also found a bottle of oxycodone pills in defendant’s name. The bottle, which had been filled approximately one month before, had contained 450 pills and only 41 pills remained. A prescription bottle for alprazolam, also filled one month before, had contained 120 pills and only two and one-half remained. Defendant’s cell phone contained text messages that appeared to be requests to purchase prescription drugs. The police also discovered a spiral notebook with the addresses of various pharmacies — some as far away as Las Vegas, Nevada — in addition to notations…